OTLA Trial Lawyer Spring 2023

13 Trial Lawyer • Spring 2023 See Wildfire p 14 Sara that was the amount the carrier was offering was final. Sara’s experience is not uncommon due to the insurance industry’s use of catastrophic loss or CAT adjusters. When a natural disaster such as a wildfire, blizzard or hurricane impacts a wide geographic area, insurance companies will mobilize adjusters from across the nation and send them to that area. The companies call this group of adjusters a catastrophic loss team or CAT team. After the wildfires in 2020, virtually all insurers mobilized such teams to Oregon. On the plus side, a CAT team provides a rapid response to a widespread problem. Local adjusters are not equipped with resources or personnel to handle hundreds or thousands of claims at once. A CAT team provides additional support to local resources, so insureds do not have to wait weeks or months to speak with an insurance representative. CAT adjusters also tend to have authority to write checks on the spot, and can authorize higher, pre-approved limits on claims. This allows CAT adjusters to pay for small or mid-sized losses immediately, allowing many claims to be dealt with without a prolonged insurance investigation. On the negative side, CAT adjusters are not local and have very little knowledge of what may be unique problems associated with losses in the region. In 2020, many of the areas hardest hit by the fires were rural areas and consisting of structures in existence for generations prior to the loss. Estimating the value and the possibility to rebuild these unique structures presented logistical and code issues not well suited to a one time cash payment. CAT adjusters are also not adjusters for the long haul. If an insured does have a large or complex loss, they may speak initially to a CAT adjuster who may provide information about their claim and then vanish when that adjuster is returned to his or her home jurisdiction. Finally, CAT teams are generally under direct orders to settle as many claims as possible as quickly as possible. This can lead to adjusters pushing to settle claims quickly and for less than their actual value. In the 2020 fires, there were reports of adjusters offering insureds quick cash settlements steeply discounted but available immediately. In some situations, there were reports of adjusters falsely telling insureds that if they did not take the settlement, they would have no other avenue to recover for the loss. Sara’s adjuster did not tell her she had to take the money or lose her claim, however, Sara’s adjuster was also not interested in working with her to understand the nuances of her loss. Luckily, Sara refused to take the adjuster’s word for the loss and eventually, with legal assistance, was able to get her claim paid in full. Brad — agent negligence In 2020, Brad was volunteering with the fire department fighting the Alameda fire outside Medford when he got the Thank You to the OTLA Volunteers who answered the call following the 2020 wild fires Dick Adams Megan Annand Randall Baker Robert Beatty-Walters Melissa Bobadilla Bob Bonaparte Douglas Bragg Heather Brann Mike Brian Chris Cauble Earl Christison Erin Christison Ben Cox Scott Cumming Shane Davis Joe Di Bartolomeo Alex Dunn Ronn Elzinga Brian Fann Tonna Faxon Sherria Fitzpatrick Bill Gibson Mark Ginsberg June Glisson Monica Goracke Beatrice Grace Adam Greenman Emily Guimont Roger Harris Samantha Hazel Katherine Heekin Marilyn Heiken Stephen Hendricks Dylan Hydes Lori Hymowitz Lara Johnson Robert Johnson Marc Johnston Tina Lackner Chris Larsen Andrew Lauersdorf Shanti Lewallen Andrew Lewinter Louis Marcanti Dan McKinney Miriam Medina Tom Melville Brady Mertz Fred Millard Brandon Moore Faith Morse Andrew Paris John Pinzelik Jo Posey Scott Pratt Julie Preciado Travis Prestwich Julene Quinn David Rosen Jeremiah Ross Thelma Sanchez Murphy Karen Schoenfeld Steven Schoenfeld Jason Skelton Dan Snyder Adam Springer Shayla Steyart Jennifer Stout Michael Stout Kyle Sturm Derek Swanson Clint Tapper Nick Thede Thanh Tran Natasha Voloshina Jud Wesnousky Tim Williams Nate Woodward Arnold Wuhrman Greg Zeuthen

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